Tam Boyar and Samantha Arrandale represented a first-time offender charged with a number of serious driving offences including impaired driving causing bodily harm and dangerous operation of a motor vehicle. The investigation took nearly a year to complete and the matter was set for trial more than two years after charges were approved.
Despite the seriousness of the charges, we were successful in obtaining a judicial stay of proceedings on the basis of the delay in bringing the matter to trial. In granting the stay, the court found that plea negotiations between Crown and defence will not count against the accused for the purpose of calculating delay.